Cheque Dishonour Archives - Page 2 of 12 - Supreme Court of India Judgements

December 5, 2023 3:25 am

Accused Relies On Income Tax Returns To Show Complainant Did Not Have Financial Capacity – Plea accepted

Jan 19, 2023 sclaw

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL/CIVIL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1978 OF 2013 RAJARAM S/O SRIRAMULU NAIDU (SINCE DECEASED) THROUGH L.RS. …APPELLANT (S) VERSUS MARUTHACHALAM (SINCE DECEASED) THROUGH…

Cheque Dishonour

Cheque Dishonour – Company – By virtue of the office they hold as Managing Director or Joint Managing Director, these persons are in charge of and responsible for the conduct of business of the company. HELD Merely being a director of a company is not sufficient to make the person liable under Section 141 of the Act. A director in a company cannot be deemed to be in charge of and responsible to the company for conduct of its business

Nov 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PAWAN KUMAR GOEL — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : Krishna Murari and Bela M. Trivedi, JJ. )…

Cheque Dishonour

“A complaint under Section 138 cannot be transferred as per the convenience of the accused. However, the petitioner is a woman and a senior citizen. Therefore, she can always seek exemption from personal appearance,”

Oct 30, 2022 sclaw

“A complaint under Section 138 cannot be transferred as per the convenience of the accused. However, the petitioner is a woman and a senior citizen. Therefore, she can always seek…

Cheque Dishonour

Whether cheque was issued for time barred debt or not cannot be decided in quashing petition under Section 482 CrPC: Supreme Court The Court quashed an order of the Punjab and Haryana High Court which had set aside a cheque bounce case under Section 138 of the Negotiable Instruments Act.

Oct 30, 2022 sclaw

“Whether the cheque in question had been issued for a time barred debt or not, itself prima facie, is a matter of evidence and could not have been adjudicated in…

Cheque Dishonour

U/S 56 r w S 15 of the N I Act, 1881, an endorsement may be made by recording the part-payment of the debt in the cheque or in a note appended to the cheque – If the unendorsed cheque is dishonoured on presentation, the offence u/ S 138 would not be attracted since the cheque does not represent a legally enforceable debt at the time of encashment.

Oct 12, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DASHRATHBHAI TRIKAMBHAI PATEL — Appellant Vs. HITESH MAHENDRABHAI PATEL AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Hima Kohli, JJ.…

Cheque Dishonour

Dishonour of cheque – Offence by company – High Court should not interfere under Section 482 of the Code at the instance of an accused unless it comes across some unimpeachable and incontrovertible evidence to indicate that the Director/partner of a firm could not have been concerned with the issuance of cheques.

Sep 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH S.P. MANI AND MOHAN DAIRY — Appellant Vs. DR. SNEHALATHA ELANGOVAN — Respondent ( Before : Surya Kant and J.B. Pardiwala, JJ. ) Criminal…

Cheque Dishonour

The presumption which arises on the signing of the cheque cannot be rebutted merely by the report of a hand-writing expert. Even if the details in the cheque have not been filled up by drawer but by another person, this is not relevant to the defense

Aug 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH ORIENTAL BANK OF COMMERCE — Appellant Vs. PRABODH KUMAR TEWARI — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A S Bopanna, JJ.…

Cheque Dishonour

Whether on similar set of allegations of fact the accused can be tried for an offence under NI Act which is special enactment and also for offences under IPC unaffected by the prior conviction or acquittal and, the bar of Section 300(1) Cr.P.C. would attract for such trial? Larger bennch.

Aug 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH J. VEDHASINGH — Appellant Vs. R.M. GOVINDAN AND OTHERS — Respondent ( Before : S. Abdul Nazeer and J.K. Maheshwari, JJ. ) Criminal Appeal…

Cheque Dishonour

CrPC) – Section 205 – Magistrate may dispence with personal appearance of accused – In any event there could be no justification for not dispensing with the personal appearance of the Appellants, when the Company had entered appearance through an authorized officer. HELD all directors summoned on the basis of a statement that they are in charge of and responsible for the conduct of the business of the company, without anything more, does not fulfil the requirements of Section 141 of the NI Act.

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SUNITA PALITA AND OTHERS — Appellant Vs. M/S PANCHAMI STONE QUARRY — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. ) Criminal…

Cheque Dishonour

IMP — Negotiable Instruments Act, 1881 (NI) – Section 143A – An accused who had failed to deposit interim compensation could be fastened with any other disability including denial of right to cross-examine the witnesses examined on behalf of the complainant

Aug 14, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH NOOR MOHAMMED — Appellant Vs. KHURRAM PASHA — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Sudhanshu Dhulia, JJ. ) Criminal…

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Specific Performance

Specific Performance Of Re-Conveyance Deed Can’t Be Sought When Plaintiff Denies Defendant’s Title In Property

Dec 3, 2023 sclaw

Acquittal SC/ST

Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989 – Sections 3(2)(v) and 14A(1) – – Acquittal -There must be an allegation that the accused not being a member of Scheduled Caste or Scheduled Tribe committed an offence under the IPC punishable for a term of 10 years or more against a member of the Scheduled Caste or Scheduled Tribe knowing that such person belongs to such ‘community’

Dec 2, 2023 sclaw

Acquittal I P C

Penal Code, 1860 (IPC) – Section 306 – Abetment of Suicide – Acquittal – The said incident allegedly happened more than two weeks before the date of suicide. There is no allegation that any act was done by the appellants in the close proximity to the date of suicide – By no stretch of the imagination, the alleged acts of the appellants can amount to instigation to commit suicide

Dec 2, 2023 sclaw

I P C

Penal Code, 1860 (IPC) – Sections 302 and 34 – Murder – Applicability of Section 34 of the IPC – For applying Section 34 IPC there should be a common intention of all the co-accused persons which means community of purpose and common design – Common intention does not mean that the co-accused persons should have engaged in any discussion or agreement so as to prepare a plan or hatch a conspiracy for committing the offence

Dec 2, 2023 sclaw

Category: Cheque Dishonour

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